Declaration of Parentage
We are able to assist and advise in cases where it is necessary to make an application to court in order to obtain a legal declaration to clarify whether a named person is or was the parent of another named person. There are a number of circumstances where this may be necessary, including where a father has not been named on a child’s birth certificate.
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It is also a process that may be used where a mistake has been made in completing the necessary formalities by a fertility clinic. A declaration of parentage may also be relevant where a father has not been named on the birth certificate and a child of that parent wishes to make a claim against his estate.
We are highly experienced in all aspects of family law and are able to advise you on the legal position and process to obtain a declaration of parentage.
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FAQS
No. The court cannot physically compel somebody to undertake a DNA test. However, the court can make an order for a person to take a DNA test and if they refuse to do so can draw inferences from their refusal.
If the identity of a child’s father is called into question, or there is no name on the birth certificate there are several reasons why it may be important to have a declaration of parentage. If the biological father is not named on the birth certificate then he may not have the right to make applications to court in respect of the child for child arrangements orders – for example to spend time with the child. Additionally, there may be inheritance reasons why an application for a declaration of parentage might be important.
Yes. The court can declare that a particular individual is not the biological parent of a child.
Yes. A declaration of Parentage or Non-Parentage can result in alterations being made to a child’s birth certificate, for example by adding the name of the biological father.
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